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2025 Supreme(SRI)(SC) 9775

Janak De Silva, J.

The Plaintiff-Respondent-Respondent (Plaintiff) instituted this action to partition the corpus identified as Aswaddume Kumbura containing දෙපෑල පල්ලහක් පමණ වපසරිය of paddy sowing. In the schedule of the plaint filed in 1974, the corpus is described as follows:

According to the Plaintiff, Bandirala was at one time the owner of the corpus. He had three children named Appuhamy, Hethuhamy and Punchi Menika. Bandirala died intestate. Accordingly, Appuhamy, Hethuhamy and Punchi Menika each inherited an undivided 1/3 share of the corpus.

By deed No. 7808 dated 31.08.1921 (P1) and attested by C.P. Senayanake, Notary Public, Appuhamy sold his undivided 1/3 share to his two children, Dingiri Menika and Ukku Menika. They sold their shares to the Plaintiff by deed No. 33, attested by O.G.W. Dassanayake dated 06.07.1968 (P5).

According to the Plaintiff, Hethuhamy died intestate and his share was inherited by the 1st to 6th Defendant-Respondent-Respondents (1st to 6th Defendants).

Punchi Menika died intestate leaving her son Punchi Banda who inherited her undivided 1/3 share of the corpus. He also died intestate leaving as his heirs’ 7th to 15th Defendant- Respondent-Respondents (7

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